Criminal Defense Articles 1491 - 1559
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- Habeas Relief and Good Cause under Rhines v. Weber
- Ineffective Assistance of Counsel Claim Rejected
- SB 1437 Relief: Murder Resentenced to Burglary & Robbery?
- Motion to Suppress Evidence from Car Near Shooting
- Excusal of Possible Juror in Death Penalty Case Proper
- What Is Vehicle Code § 41500(a) for Those in Custody?
- Using Report for Insanity Plea and Mental Health Diversion
- Can Rehabilitation in Prison Be 1170.26 Good Cause?
- Violation of a Civil Protective Order (PC 273.6)?
- Double Jeopardy Violating Restraining, Protective Order?
- What Are Improper Grounds for Dismissal under PC 1385?
- What’s a Domestic Violence Victim–Counselor Privilege?
- Confidentiality of Immigration Status of DV Victim?
- What if DV Victim Unavailable to Testify at Trial?
- Domestic Violence: What is Testimonial Hearsay? Admissible?
- Gang Enhancement Vacated – Expert Opinion Speculative
- When is a Criminal Protective Order Overbroad or Void?
- Expungement if One Went to Prison; What’s § 1203.42?
- Incompetent to Stand Trial Have Right to Timely Services
- Does Outstanding Warrant Make Unlawful Detention OK?
- SB 1437 / PC 1170.95, No Counsel, Is This Harmless Error?
- If Misdemeanor Suspect Flees, Warrantless Home Search OK?
- First Degree Burglary, Uninhabited Detached Garage?
- Domestic Violence, Admitting Hearsay, Victim’s Mindset
- When Victim’s State of Mind Is and Is Not an Issue?
- Heat of Passion for Manslaughter, Not Murder in Gang Killing
- SB 1437 & Jury’s Rejection of Murder Special Circumstances?
- SB 1437 Granted – Is Resentencing Ex Post Facto?
- Impermissibly Vague Probation Condition for Associating
- Miranda Advisements – When They are Not Required.
- No Search Warrant Needed for Massage Establishments?
- Is a Police Shooting, an Attempt to Restrain, a Seizure?
- Juvenile LWOP: Must Permanent Incorrigibility Exist?
- Supreme Court: Criminal Jury Verdict Must be Unanimous
- Compassionate Release, Federal Custody: Requirements?
- What is Penal Code § 315 – Punishment? Defenses?
- What is Penal Code § 653.23(a)(1)? Punishment?
- People v. Sanchez, Proving Predicate Acts, Gang Crimes
- Can Romero Motion Bypass 1170.91 Determinate Sentence Rule?
- Does SB 620 Allow Judge to Lower Gun Enhancement?
- Possession of Controlled Substance While Armed?
- Does Restitution Owed Decrease by Victim’s Self-Help?
- Withdrawal of a Plea in Federal Court Is Difficult
- Custodial Interrogation of a Minor at His Home?
- Does Felony Murder Special Circumstance Bar SB 1437 Relief?
- What Exactly Is and Is Not Circumstantial Evidence?
- Prop 57 Early Parole Consideration & CDCR Discretion
- Criminal Threats When Immediate Family Member Target
- Felony DUI under Vehicle Code § 23152 – Requirements?
- The Criminal Defense Attorney, Immigration Advice Duty
- Judge Finds Defendant Was a Major Participant in Robberies
- May a Trial Court Judge Modify a Parole Condition?
- AB 1950, PC 1203.1(m)(1), 2 Year Probation Exceptions
- SB 1437: To be Appointed Counsel, Show Prima Facie Case?
- People v. Lent: Evaluating Mandatory Supervision Terms
- Postpartum Mental Disorder – Expert Testimony Admissible?
- Is Minor’s Attempted Robbery a WIC § 707(b) Offense?
- Penal Code § 1473(b) and False Evidence for Habeas
- Must Federal Resentencing Follow Original Approach?
- What’s the Home Protection Bill of Rights Presumption?
- In an Open Plea, Is Striking Prison Prior Improper?
- SB 384: Who is a Tier 3 Registrant under PC 290(d)(3)?
- SB 384: Who is a Tier 2 Registrant under PC 290(d)(2) & (1)?
- SB 384: What is Discretionary 290 Registration?
- SB 384: What Can Lengthen One’s Registration Period?
- SB 384: How Long to Process an SB 384 Petition?
- Are Proffer Agreements a Good Deal or Bad Deal?
- Does a Judge Have Discretion to Find 1473.7 Motion Timely?
- Is a Hobbs Act Robbery a Crime of Violence under USSG?
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